Daily Case Update Archive

If you would like to receive a daily e-mail with same-day case updates, please join our Members-Only discussion list. Not a member? Join today!

TOPICS:
- Michigan Mobile Home Commission Act

Ohio Supreme Court: No Opinions.
First District Court of Appeals: [Search Other Ohio Districts]; No Opinions.
U.S. Sixth Circuit Court of Appeals: Ohio Cases: No Opinions.
U.S. Sixth Circuit Court of Appeals: Other States Cases: Oswalt v. Meoli (April 20, 2006) Appeal from W.D. Michigan
- http://www.ca6.uscourts.gov/opinions.pdf/06a0141p-06.pdf
- A Chapter 7 bankruptcy trustee sought to avoid a security interest
in the debtors' affixed mobile home by challenging the security interest
as unperfected under Michigan law. The creditor moved for summary
judgment in the adversary proceeding, relying on an amendment to the
Michigan Mobile Home Commission Act ("MHCA"). The bankruptcy court
denied summary judgment, and the creditor appealed. On appeal, the
United States District Court for the Western District of Michigan
reversed the bankruptcy court and granted summary judgment to the
creditor. The trustee appealed the summary judgment. We affirm the grant
of summary judgment to the creditor because the security interest in the
debtors' affixed mobile home was perfected properly under an amendment
to the MHCA. The amendment, despite its enactment after the rights in
the bankruptcy estate accrued, clarified the procedure for perfecting
security interests in affixed mobile homes. Because the amendment
clarified existing law and was not a new law, it relates back to and
controls the attachment of the security interest in the debtors' mobile
home.